The Client or Clients (hereinafter referred to as "Client") engaging Trebmil Web Design as an independent contractor for the specific purpose of designing a World Wide Web site, hereinafter referred to as "Web Design Project, " to be published on the Client's account on an Internet Service Provider (ISP)/Web Presence Provider (WPP) computer, hereinafter referred to as "Hosting Service," or provided on an online cloud-based Wix.com account. The Client hereby authorises Trebmil Web Design to access this account and authorises the Hosting Service to provide Trebmil Web Design with "full access" to the Client's account, as well as any other programs needed for this Web Design Project that are included as part of the Client's service agreement. The Client also authorises Trebmil Web Design to submit the completed Web Design Project to major Web Search Engines.
This Web Design Project will be developed using the Wix.com HTML5 website editor. Wix is a cloud-based program. Websites must be hosted on Wix.com only.
2a. Modifications After Approval
In the event, the client decides to request a change after approval with any rendered service, Trebmil Web Design reserve the right to request additional payment related to the change in the project scope. Web and Graphic services will not be eligible for free revisions if the client has already approved the design(s) with satisfaction using email confirmation or the company approval form. If the client submits any changes after approval, the client will be charged at the hourly rate of £45.00 per hour equating to the time it takes to achieve the new scope of work and design.
Designing a website to fully work on multiple browsers and browser versions require considerable effort. It could also involve creating multiple versions of code or pages.
Trebmil Web Design represent and warrant that the website we design for you will work on:
• Microsoft® Internet Explorer versions (up-to-date versions)
• Mozilla Firefox version (up-to-date versions)
• Google chrome (up-to-date versions)
• Safari Browser (up-to-date versions)
• Mobile phone browsers
Keep in mind that some phones or tablets may display the website differently from a desktop computer.
2c. Responsibility of Development
Whilst Trebmil Web Design will make reasonable efforts to design a fully functional website, Trebmil Web Design does not cover out-of-date or text-based browsers or requested special effects that we have advised you against.Trebmil Web Design meet the standard at least half the current recommended guidelines for website development. Without sacrificing quality and design, we try to ensure that the content and functions we build into our websites are available to all visitors. Trebmil Web Design is not responsible for website outages caused by bugs or glitches or issues with the hosting company. However, Trebmil Web Design will attempt to contact the hosting company to recover any documents or files lost, should there be bugs, glitches or issues that created the website to be down and/or unavailable on the World Wide Web. Trebmil Web Design will not reimburse any business for any loses during a website outage, under any circumstances.
2d. SEO & Ranking:
It can take up to 3 months for your site to be crawled by search engines. This waiting period is the same for all websites, not just those created using Wix. Trebmil Web Design does not guarantee 1st-page placement on the search engines, including Google, Yahoo, Bing, or any other search engine. Trebmil Web Design may offer you SEO focused services, but please be aware the services performed by Trebmil Web Design is not warranted and does guarantee 1st-page placement.
3. Assignment of Web Design Project
Trebmil Web Design reserve the right, and you hereby agree, to assign subcontractors to this Web Design Project to ensure that the terms of this agreement are met as well as on-time completion for graphic or web design services.
Please be aware that sending an SMS message is not an acceptable method of communication. All communication must be through email or phone. All emails must be sent to email@example.com. This email address is monitored for incoming emails for a response from Trebmil Web Design. Open Hours are listed on the website and Trebmil Web Design reserve the right to refuse communication outside of these hours. More importantly, websites do not launch outside of these hours.
4. Copyrights and Trademarks
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Trebmil Web Design for inclusion in the Web Design Project are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend Trebmil Web Design, its staff, or its subcontractors from any liability (including legal fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
The Client agrees to provide content to us that does not infringe upon any company copyrights. The Client, also, agrees to never upload copyrighted content onto the website, even after initial publication.
5. Website Maintenance
This Agreement does not allow for minor remote website maintenance after publication.
The Client must be enrolled in a maintenance plan to be eligible for discounted website maintenance after publication. If the client elects not to enrol in a maintenance plan, the client will be charged £25.00 per hour for any changes they request after publication.
6. Completion Date
Trebmil Web Design and the Client must work together to complete the Web Design Project in a timely manner. We agree to work expeditiously to complete the Web Design Project. Project deadlines are not guaranteed and are contingent upon many factors. If the Client does not supply Trebmil Web Design with complete text and graphics content for this Web Design Project within time frame specified by Trebmil Web Design the entire deposit amount of the agreement shall be retained by Trebmil Web Design as liquidated damages and the contract shall become null and void, at the discretion of Trebmil Web Design.
7. Project Delivery
The final website design project will be published onto the hosting service of Wix.com upon receipt of final payment. The Client understands that Trebmil Web Design does not provide any hosting services surrounding this Web Design Project. Hosting services require a separate contract with the hosting service, Wix.com. The Client will be solely responsible for all hosting service charges.
8. Electronic Commerce Laws
The Client agrees that they are solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein. The Client, also, will hold harmless, protect, and defend the following: Trebmil Web Design, its staff and its subcontractors from any claim, suit, penalty, tax, fine, or tariff arising from the Client's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
9. Web Design Project Copyright
The Client will be assigned rights to use the Web Design Project as a website, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, work-up files, and computer programs specifically are then transferred to the Client and remain the property of the client. Trebmil Web Design and its subcontractors retain the right to display these graphics and other Web Design elements as examples of their work in their respective portfolios. All Web Design Projects display a link to the Trebmil Web Design Website. There is no fee to remove this link, and you may do so after the project is transferred to your Wix.com account.
Payments must be made promptly based on the terms of this Web Site Design Project. Trebmil Web Design reserve the right to remove any Web Design Project from viewing on the Internet until final payment is made. All payments are to be made prior to website launch. In case collection proves necessary, the Client agrees to pay all fees (including all legal and court costs) incurred. Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this agreement location is in the city of York, North Yorkshire, in the United Kingdom. The Client hereby consents to the personal jurisdiction of England, UK. Furthermore, the Client waives any right to or claim of sovereign immunity.
11. Payment Schedule
Payment for services provided hereby shall be made in accordance with the conditions contained in this contract and the proposal, attached hereto and made a part of this agreement. Notwithstanding any prices listed in literature or on Web pages. The Client agrees to pay Trebmil Web Design or Andrew Limbert, an initial, non-refundable deposit of 50% of the total cost to start the project. Upon execution of this agreement, the Client agrees to pay Trebmil Web Design or Andrew Limbert the final non-refundable payment of 50% plus any additional costs that were incurred.
11a. Project Reactivation
We reserve the right to charge a £150.00 reactivation fee when there is no communication between Trebmil Web Design and the client(s) after 30 business days or more. For example, this includes not receiving content in a timely manner, and/or not receiving feedback in a timely manner. Upon the second occurrence, the reactivation fee will increase to £200.00. Upon the third occurrence, the contract terminates, and any payment received with be forfeited in full – not refunded back to the Client.
12. Legal Notice
Notwithstanding anything to the contrary contained in this contract, neither Trebmil Web Design, Andrew Limbert nor any of its employees or agents, warrants that the functions contained in the Web Design Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web Design Project is with the Client. In no event will Andrew Limbert and/or Trebmil Web Design or any third party be liable to the Client for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, yours or your computer site visitor or Internet software, even upon being advised of the possibility of such damages.
This Agreement constitutes the sole agreement between Trebmil Web Design and the Client regarding this Web Design Project. Any additional work not specified in this contract or any other amendment or modification to this contract must be authorised in writing signed by both Client and Trebmil Web Design. The undersigned hereby agree to the terms, conditions and stipulations of this agreement on behalf of his or her organisation or business.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications must be in writing and signed by both parties.
This Agreement begins with an initial payment of 50 percent representing a non-refundable payment.
Last Revised 4/30/2018